A/HRC/4/49 page 16 in countries that “have not abolished” it only for “the most serious crimes”; in accordance with law in force at the time of commission of the crime. The imposition of the death penalty may only occur in a manner not contrary to the other provisions of the Covenant or the Convention on the Prevention and Punishment of the Crime of Genocide, pursuant to a final judgement rendered by a competent court and under circumstances where it is legally possible to seek pardon or commutation of the sentence. The sentence may not be imposed on an offender under 18 at the time the offence was committed, or who is a pregnant woman. Article 37 (a) of the almost universally ratified Convention on the Rights of the Child reaffirms the prohibition of the death penalty in respect of those under 18 years of age. 58. The Human Rights Committee has interpreted article 6, paragraphs 2 and 6, to mean that the abolition of the death penalty is desirable under the Covenant and that any steps towards abolition are considered progress in the enjoyment of the right to life. Therefore, any steps to reintroduce or widen the scope of its application would be considered retrogressive in terms of the Covenant’s underlying policy orientation. Under the first Optional Protocol to the International Covenant on Civil and Political Rights, the Committee receives individual communications, many of which have concerned application of the death penalty. These cases have afforded the Committee the opportunity to develop and refine the interpretation of the Covenant taking into account evolving national and international experience. Major issues addressed by the Committee are set out below: (a) The death penalty can only be imposed after a trial and appeal proceedings that scrupulously respect all the principles of due process (as set out in article 14 of the Covenant). Otherwise, its imposition will amount to an arbitrary deprivation of life (art. 6) by the State party; (b) The death penalty must not be mandatory. The mandatory imposition of the death penalty for specific crimes (e.g. murder) under the laws of a State party, where it is imposed and/or carried out without regard being able to be paid to the defendant’s personal circumstances or the circumstances of the particular offence constitutes an arbitrary deprivation of life (art. 6) by the State party; (c) The death penalty cannot be carried out in secret (as to date and place). Otherwise, it amounts to inhuman treatment of the executed person’s family by the State party (art. 7); (d) An individual who is mentally incapacitated at the time that the warrant for execution is issued cannot not be executed. Otherwise, the State party violates his/her rights not to be subjected to torture, inhuman or to cruel, inhuman or degrading treatment or punishment (art. 7); (e) Methods of execution must meet the standards of “least possible physical and mental suffering”. Otherwise, the execution will constitute a violation of article 7 (torture, inhuman or cruel, inhuman or degrading treatment or punishment) by the State party of the Covenant.